Ohio Family Law Blog

Costs of a collaborative divorce compared to litigation

There are many different reasons that lead couples in Ohio to divorce. However, one thing that is clear is that the couple is no longer getting along. This means that people can be going through different emotions, which can initially cause their decision-making to be clouded. However, there are many very important decisions that need to be made while the couple goes through the process of separating their lives.

There are different options that people have while they go through this process. They could try and just discuss the issues themselves and complete the process themselves. They could use mediation or collaborative divorce to utilize attorneys and neutrals to assist them in reaching agreements. Couples could also litigate their divorce and eventually have a trial and have a judge make the decisions for them. All of these options will eventually resolve the divorce, but each process is different and creates different complications.

Special order required to divide retirement accounts

Throughout a marriage in Ohio the couple may gain more and more assets. These assets could be real property like homes, automobiles and also include bank accounts and retirement accounts. As the couple gain or grow these assets they are creating marital property and if the couple divorces they will need to divided all of these marital assets. The property division process can take some time because the couple will need to gather statements for financial accounts and perhaps have businesses and homes appraised to determine their values.

Once the couple knows the value of the assets they will need to determine if either spouse has any non-marital portion in any of the assets. After all of this is done the couple can then divide the marital assets. How these assets are divided depends on the circumstances, but sometimes couples need to be creative depending on if an asset is liquid or if the value of the asset is equity which will not be realized until the asset is sold.

Informal negotiations may make divorce simpler

You have decided to break up with your spouse and cannot wait to live independently again. However, you might be worried about how much of a battle you will face with your future ex-spouse at trial.

The good news is that even though you have decided to get divorced, the process does not have to be hostile. Rather than proceeding to trial, you can take part in negotiations with your future ex to address matters like property distribution and alimony. Here is a glimpse at the informal divorce negotiation process.

Can child custody orders be changed after a divorce?

There are many decisions that are made during a divorce. These decisions can have a major effect on how people live their lives after the divorce. This will determine who will keep the house and how many assets each spouse will have moving forward. The order will also determine when people will see their children and which parent will make decisions regarding the children's lives. However, these decisions are made based on the circumstances at the time of the divorce.

Some people divorce when their children are fairly young though. This means that the child custody orders issued when they are young will govern the situation until the children are emancipated and could be in effect for many years. As people know, there are many things that change over the years. It could be the parents' financial situation or changes in their personal lives. Also, as children grow older their needs change dramatically as well. So, the order that was issued years beforehand may no longer be in the children's best interest.

How is spousal support determined in Ohio?

When people in Ohio decide to divorce, there are many factors that go into the decision and it is not one that is taken lightly. However, after the decision is made to initiate a divorce, there are many more very important decisions that need to be made as the couple separates their lives. These decisions include determining which parent will have custody of the children, how much child support one parent may pay, divide all their assets and property and also determine whether one spouse will receive spousal support from the other.

When making these determinations, the lives of the couple will be analyzed to determine first whether a spouse is in need of support and if so how much they need and for how long. In making these determinations the court will look at a number of factors.

When can people modify child support orders in Ohio?

Many parents in Ohio are no longer with the other parent of their children. It could be because the parents are divorced or were never married to the other parent. Despite the fact that the parents are no longer together, the parents still need to raise their children. This includes providing love, support, guidance and financial support. To ensure that both parents are contributing financially generally there is a child support order in place ordering one parent to pay child support to the other.

The amount of the child support is determined by a number of factors, but one of the main ones is the incomes of the parents. Once child support is set, the parent will be required to pay that amount until the children are emancipated or the parties modifies the order. However, parents cannot simply modify the child support order just because they do not like it. Certain requirements must be met first.

Basic process for a collaborative divorce

Many people have disputes with others in Ohio. It could be disagreements between co-workers, children, spouses and other people. In many instances these disputes and arguments can be resolved through discussions and people compromise in order to resolve the dispute. However, sometimes discussions do not resolve the dispute and people may need the help of others to help to resolve them. This is true for many different disputes, including for people going through a divorce.

There are different ways to resolve a divorce. If people cannot reach agreements they can litigate the issues and ultimately have a judge make the decisions for them. However, people can also reach agreements and make all the final decisions themselves. They can do this through discussions, with the help of mediators or the couple could also decide to utilize the collaborative divorce process. This is basically a process where both the attorneys and parties commit to reaching agreements instead of litigation and even sign an agreement that they will not litigate.

Getting to the bottom of a hidden asset problem

Divorce is definitely not an easy process, especially if you are hit with obstacles that threaten to delay proceedings or impede your ability to protect your interests. Regardless of how you feel about what transpired during your marriage, you likely just want to resolve the pertinent issues at hand, agree to a settlement and move on to a new lifestyle. That can be pretty tough to do if your spouse is being underhanded and trying to hide assets to keep them from being subject to division in court.

Ohio is an equitable property state, as most states are. The judge overseeing your case must determine a fair means of dividing your marital assets and any debt liability that exists at the time of your divorce that you or your spouse incurred during marriage. How can you get what you entitled to, however, if your spouse is stashing cash, draining a jointly owned bank account or performing other sneaky deeds to try to gain the upper hand?

What is considered separate property in a divorce?

During a marriage in Ohio, couples can acquire various property and assets. Sometimes the property and assets are owned jointly by both spouses and sometimes the property is held in only one spouse's name. However, it does not matter which spouse's name is on the title or the account according to the law the property and assets are marital property. This is because the law assumes that both spouses contributed in some way to earn the income and purchase the assets.

This means that if the couple divorces they will need to split all the marital property equitably regardless of whose name is on a title or account. However, the couple may also own separate property which will not be divided. Separate property will remain with the spouse who owns it.

What will a divorce accomplish for Ohio residents?

For some people who are experiencing relationship problems with their spouse, divorce is probably the last option they think about. Many couples spend years trying to work out their issues before they finally decide that the best path forward for everyone involved is to pursue a divorce. But, what will a divorce accomplish for Ohio residents?

Well, for starters, a divorce will provide the legal ending of a marriage, which itself is a legal institution. Most people know about many of the benefits that married couples have, such as tax benefits and insurance benefits, as well as the prospect of stability in the home for children. A divorce accomplishes the legal split of the couple, ending the marriage and allowing the ex-spouses to proceed as newly-single individuals.

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